The Building Safety Regulator’s first injunction

Deakins Yard is a development in Staffordshire that was intended to provide student accommodation.  Its developers, however, did not follow the necessary route to achieve completion and sign off from the new Building Safety Regulator in relation to this Higher Risk Building.  Nevertheless, the developer marketed the units as ready for occupation in time for the start of the new academic year.

Accordingly, the Building Safety Regulator, who believed the building would be illegally occupied, sought to engage its new powers and jurisdiction in order to secure an emergency interim injunction in the High Court (TCC).

The basis for the injunction granted was found to be contained in the Building Safety Act 2022 itself, as supported by the (amended) Health & Safety at Work Act 1974 and the Building Act 1984.

The Court noted its general discretion to order an injunction in a new area of law as set out in Broad Idea International Ltd v Convoy Collateral Ltd [2021] UKPC 24.  Further, the Court had regard to other cases in the context of an authority seeking to enforce its statutory duties and responsibilities, including Surrey Heath Borough Council v The Owner of the Land on the East Side of Mytstrou (“D1”) & Ors [2025] EWHC 321 and Broadmoor Special Hospital Authority v Robinson [2000] QB 775.

Ultimately, the need for swift action was decisive and an injunction was obtained prohibiting the developer, or anyone associated with it, from seeking to sell or let Deakins Yard for occupation prior to obtaining a building completion certificate as required.   

This case illustrates the new Building Safety regime in practice.  Parliament enacted the Building Safety Act 2022 following the Grenfell tragedy in order to overhaul the safety of higher risk buildings in particular.  It had been unclear how such a case would be dealt with, but the injunction granted demonstrates the powers of the new Building Safety Regulator and should ensure that no occupation occurs until a building is safe.

Saleem Khalid was instructed by the GLD on behalf of the successful HSE, the current Building Safety Regulator.